Judge Rules that Cigarette Companies Must Pay for Anti-Smoking Ads

On behalf of Jeff Antin of Antin, Ehrlich & Epstein, LLP, Attorneys at Law on Friday, September 7, 2012.

Twelve years ago, the largest cigarette makers in America were found guilty of purposefully concealing the dangers of their product for decades, thus harming smokers by deliberately hiding the devastating effects of smoking, leading to a myriad of wrongful death and personal injury cases. Late last week, a federal judge issued a decision that she won’t delay an order that requires the cigarette companies in that lawsuit to pay for broadcast and print anti-smoking ads. U.S. District Judge Gladys Kessler was considering delaying that order because other U.S. courts are deciding newer cases challenging tobacco marketing restrictions and graphic cigarette warning labels. These lawsuits mainly challenge marketing restrictions and new warning labels that the Food and Drug Administration proposed after it gained authority to implement such measures in 2009.

In her decision, Kessler wrote that, “It is perfectly clear” that the challenges to the FDA regulations “will not end (if ever) for an extremely long period of time.” This decision not to delay the order didn’t include specifics however, because she did not say what corrective statements should be included in those ads, where they must be placed or for how long. Nonetheless, Kessler chose to decide against delaying the order because the absence of accurate anti-smoking advertisements would harm smokers, potential smokers, and impressionable young people. Cigarette companies have to be held liable for the countless wrongful deaths caused by cigarettes, and this product liability provided the basis for this ruling.

Defective products and deceptive marketing have led to countless personal injury cases, especially with regards to smoking, which is why anyone who’s been deceived by misleading advertisements of any kind should seek the council of our New York City personal injury lawyers.

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